i can't believe i lost a deal to you. i know. shocking. you know, sara, you're so greedy. you're so greedy. ♪♪ the president tells putin do not invade ukraine what the russian leader said in response i'm shepard smith. this is the news on cnbc >> hello >> president biden's high-stakes video call. >> it allowed president biden to lay out in clear and direct and candid terms where the united states stands. >> what the u.s. just threatened to deter russia from invading ukraine. instagram rolling out new features to protect young kids the tools just issued, as the company's ceo prepares to face lawmakers. >> the u.s. is definitely

vulnerable to an attack today. new killer drones that could change warfare a close-up look at the tiny weapon that packs a major punch. jussie smollett back on the stand in his own defense prosecutors target his own messages as the criminal trial heads to closing arguments new roadblocks for the january 6th committee. remembering pearl harbor, 80 years later. and investigating a mysterious object just discovered on the moon >> announcer: live from cnbc, the facts, the truth, the news with shepard smith good evening right now the russian military is on ukraine's doorstep with nearly 100,000 combat troops, plus tanks and artillery all along the border and now president biden is stepping in to try to prevent an all-out invasion today a high-stakes video call

with russian president vladimir putin. the white house says mr. biden warned him directly that there will be a strong response from the u.s. and our allies if russia attacks recent satellite images show russia amassing troops at key strategic points along the ukrainian border national security advisor jake sullivan says president biden made it clear to putin that he's facing much stiffer consequences than he did back in 2014 when he invaded crimea >> president biden looked president putin in the eye and told him today that things we did not do in 2014, we are prepared to do now now, in terms of the specifics, we would prefer to communicate that directly to the russians, to not negotiate in public, to not telegraph our punches. >> sullivan says some of the consequences laid out by the president include strong measures against russia's economy, supplying ukraine with more military aid, and sending more u.s. troops to nato countries near russia.

this is what a russian invasion of ukraine might look like according to an analysis by the ukrainian military economic sanctions did not stop putin from seizing crimea. the white house does not believe putin has yet made a decision on whether to invade. we'll have reporting from ukraine in a moment. first cnbc's senior white house correspondent, kayla tausche. >> reporter: tonight a standoff over the sovereignty of ukraine. in a two-hour video conference with vladimir putin of russia, president biden calling for de-escalation and a return to diplomacy. >> and the measures we have put on the table are designed to show the russian government that should it choose to engage in such an invasion, there will be those consequences we also believe that there should be an alternative pathway by which we can make progress on diplomacy. >> reporter: in a statement, the kremlin accused nato of a

dangerous incursion into ukraine, again demanding a legal guarantee the alliance won't expand there but pledging to keep talking meanwhile western leaders pledging a united front with the white house. >> it makes the u.s. a lot more credible when it comes out and says that there will be severe economic sanctions that russians will have to pay if they do indeed re-invade ukraine. >> reporter: the white house national security advisor warning mr. putin it could halt the completion of a pipeline carrying natural gas from russia to germany, a potentially costly calculus on both sides of the baltic sea, with winter heating costs already soaring across europe. >> i think we're kidding ourselves if we don't think that sanctions won't come at a cost not only to russia but also to europe and even potentially the u.s. all you need to do is look at the level of energy dependence between european allies on russia. >> reporter: in the u.s., mr. biden's advisers are working

with congress to craft a wide-ranging package of economic levers to pull in case of an invasion, eyeing putin's inner circle and potentially cutting russia off from the global payment system, all while trying to mitigate the impact here at home shep. the white house says president biden will speak with ukrainian president zelensky on thursday they are not ruling out sending additional troops to the reason. the national security advisor noting that america already does have a presence there. the question is what more can the u.s. provide, and what is it that ukraine wants richard engle is in kiev tonight with that reporting. >> reporter: shep, while the u.s. and russia have both agreed to more talks, no date has been set and no troops have been pulled back. and what ukrainians want in the meantime is more weapons, specifically jamming systems, anti-aircraft systems, and they want more u.s. military

advisers there are some advisers here and there are some british advisers on the ground. the ukrainian defense department has called for more advisers not just dozens of americans, but hundreds of americans. not under nato auspices, but flying the american flag they want to position those american personnel near the border not that a few hundred u.s. advisers could stop a russian onslaught, but they could be trip wire forces so in case the russians were to cross over the border, they would quickly find themselves confronting american troops, potentially triggering a u.s. military intervention shep. >> richard engle, thank you. researchers just released the world's first data on the effectiveness of covid vaccines against the omicron variant. an early study out of south africa found omicron can at least partially evade pfizer's shot the scientists who led the study

calls the loss of protection robust but not complete. covid cases are surging right now across south africa, and they're rising in many countries around the world, including the united kingdom the prime minister there, boris johnson, says he's increasingly concerned about omicron and may have to issue new restrictions to slow the spread he told his cabinet today the new strain appears to be more contagious than covid delta. again, this is all early data. health experts say they still need more time to better understand how omicron spreads but dr. anthony fauci reaffirms preliminary data seems to show omicron is less severe compared to previous strains. >> it's too early to be able to determine the precise severity of disease, but inklings that we are getting, we are not seeing a very severe profile of disease in fact it might be, and i underscore might, be less

severe >> nbc news reports omicron has now been detected in at least 21 states florida and illinois both identified their first cases today. the former fda commissioner, dr. scott gottlieb, is here now. cnbc contributor, board member of pfizer and illumina what's your take on the study from south africa? >> there's two studies out tonight. what these studies are is they look at the plasma from individuals who have been vaccinated or recovered from infection and then been vaccinated and see whether or not their plasma can neutralize the virus. so it looks at the immune protection from infection. we don't know how they will perform against symptomatic infection and also severe disease so they're very imperfect, imprecise measure what they show, which is actually quite reassuring, is people who got infected and then vaccinated had pretty robust

protection in these studies. there was pretty good neutralization of the plasma of individuals who were infected and then subsequently vaccinated why that's encouraging is we believe that three doses of the vaccine, so a properly boosted vaccine, effectively simulates the response you get from infection and then subsequent vaccination with two doses so the third dose of the vaccine functions like getting infected. so this is an indication that a properly boosted vaccine may retain meaningful protection against this virus. >> you know, doctor, before omicron came into the picture, you said maybe you thought by next year we'd be in a more endemic phase. has this changed your outlook at all? >> i think it extends the timeline when we mayget there. i still think this is going to be a transition year, now our third year of this pandemic, when we go from a pandemic into a more endemic phase now, the previous thinking, mine and others, was that delta would be the dominant variant. once this delta wave had coursed

its way through the u.s. population, people would have immunity from infection and immunity from vaccine and this would stop transferring at the rate that we've seen future mutations would be within this delta lyineage this has diverged from the strains that gave rise to delta so it could continue to spread even after the population has a lot of immunity from infection from delta hopefully three doses of vaccine will be protective and delta protection will offer a meaningful protection. that may be what we're seeing in south africa the reason why you're seeing less severe disease and fewer hospitalizations relative to cases is many people in south africa had infection with delta. so when they're getting reinfected with this variant, maybe their delta immunity isn't protective against infection but protecting them against symptomatic disease and severe outcomes and that may be what we're seeing. >> let's hope. dr. gottlieb, thank you. the defense resting its case in the trial of jussie smollett. closing arguments are set for tomorrow

the actor seen leaving the court today after he took the stand for a second straight day to testify in his own defense smollett flat out denied that he hired two brothers to carry out a fake, racist and anti-gay attack against him on the streets of chicago nearly three years ago. he said the accusation was 100% false. jussie smollett called the brothers liars and said their testimony last week about being hired for $3,500 was a bold-faced lie but prosecutors today zeroed in on the extensive communication smollett had with one of those brothers, including private messages on the night of the attack here's cnbc correspondent perry russom. >> reporter: jussie smollett in cross examination being questioned by special prosecutor dan webb webb asking smollett if he sent messages to able ocendario updating his flight status the night smollett said he was attacked smollett responding no webb then pulling up four

instagram messages he sent that night, including still on this damn runway, smh they have us going back out to the gate, leaving in an hour supposedly smollett responding to webb, if you say so, sir. there was another message from smollett saying his plane was in the air and a final one saying he landed about an hour and a half before the attack he said he was sending the messages to arrange a workout session. last week the two brothers testified they did a dry run with smollett days before the alleged attack, circling the area where it would happen today smollett denying that story, saying he picked up able to go work out, olah hopped in the car and they drove around smoking weed before he cancelled the work out webb asked smollett if the brothers attacked him. smollett testifying no, i don't

know webb asking smollett if he recognized able's voice. he said in that moment, i'm not going to stop and say, a, abel, is that you? smollett told the prosecutor you do not understand instagram. during a break smollett and his family went up to the woman who does the court sketches and they asked her to make him look cuter. closing statements are tomorrow, shep >> thanks very much. perry russom two teenager girls found dead in the woods at their hometown it happened years ago but they never found the killer tonight, though, police reveal a fake social media account. one they hope could be the key to solving the case. defunding the police it's actually happening now in one community after a unanimous city council vote just last night. where some of the funds are headed and what sparked the move. and hertz, bouncing back after bankruptcy what the popular car rental

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muscle aches, or coughs or if you plan to or recently received a vaccine. ♪ nothing is everything. ♪ woman: talk to your dermatologist about skyrizi. learn how abbvie could help you save. two teenagers went missing in indiana nearly five years ago now. cops said they found the bodies of abigail williams and liberty german in the woods of their hometown of delphi, about an hour and 20 minutes north of indianapolis, but they never found the girls' killer. now they say they're looking for any information connected to a fake social media account, uncovered during the investigation. they say somebody created accounts on instagram, snapchat and possibly other platforms under the name anthony underscore shots they say the person used the accounts in 2016 and 2017 to post and send to underaged girls images of a male model, asking

as if they were the model. the person allegedly used the accounts to solicit photos and try to get girls to meet up. police say they identified the model featured in the photos and confirmed he was not behind the accounts our local nbc station reports a man behind an anthony shots account was charged last year in a separate child exploitation case the station confirmed he's in custody, but police would not say whether he's a person of interest or a suspect in the teenagers' murders cnbc's valerie castro now with where the case stands. >> reporter: the man in this video has never been found and never been identified, but police say he remains a person of interest in the unsolved 2017 murder of two indiana teens. along with that haunting image, his voice. >> guys, down the hill. >> reporter: was found captured on a cell phone belonging to one of the victims, 14-year-old libby german the bodies of german and her friend, 13-year-old abby

williams, were found in the woods near delphi, not far from the abandoned rail bridge seen in that video and where the two girls went for a hike. earlier this year their families spoke out on valentine's day, still agonizing over who the killers could be. >> i feel very strongly there's a very good chance it was somebody from the area that knew this area for some time. >> the fact remains there's a killer walking loose he knows where delphi is. >> reporter: police released this sketch asking the public to take a close look. >> the result of new information and intelligence over time leads us to believe the sketch, which you will see shortly, is the person responsible for the murders of these two little girls. >> reporter: then addressed the murderer directly. >> only a coward would do such a thing. we are confident that you have

told someone what you have done. >> reporter: to this day police continue to reveal new clues like this fake social media account they say could be connected. again, police stress that the man in that instagram account -- in the photos in that instagram account is not the suspect but his images were used to create the account called anthony shots. they are looking for anyone who may have interacted with the account, saved images or even met with someone claiming to be anthony shots. shep. >> five years on, thanks so much, valerie. a man in california or i should say the city council in brooklyn center, minnesota, just approved a plan to create an alternative public safety department city leaders proposed the idea after a former police officer shot and killed daunte wright, a 20-year-old black man, during a traffic stop back in april councilmembers voted unanimously last night to use $1.3 million from the city's police department to fund the new safety programs.

they include adding an unarmed enforcement department the goal, help with mental health cases and respond to low-level traffic violations the mayor of brooklyn center says he supports the reforms but claims they fall short of the original proposal. our local nbc station reports city leaders there made changes to the plan so that they could get it approved. daunte wright's mother attended that city council meeting. she said members need to make changes now so that people of color in the city can feel safe. americans are quitting their jobs at record rates, we know that now what some employers are racing to give workers to keep them happy and away from the exit door. plus remembering the attack on pearl harbor. nbc's kerry sanders talks with some of the few remaining survivors. what they remember about the what they remember about the stunning attack and the [sfx: radio being tuned] welcome to allstate. ♪ [band plays] ♪

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memorials held today to mark 80 years since the attack on pearl harbor president biden saluted a wreath at the world war ii memorial in d.c. like they do every year, the few remaining survivors gathered at the site in hawaii where the attack changed our world more than 2,000 americans died when japan launched that surprise attack on a u.s. military fleet at anchor the next day president roosevelt asked congress for a declaration of war against japan nbc's kerry sanders is at pearl harbor in honolulu kerry, you talked to some of those survivors about what they remember what did they tell you >> reporter: well, shep, the events of that day sevared in their minds, the memories will never fade i'm standing here at pearl harbor over my shoulder is the memorial to the uss arizona eight battleships were sunk that day, hit by bombs and torpedos when japan attacked here let's take a look at some of the

footage, black and white footage of what happened that day. the u.s. pacific fleet had no idea, no expectation because japan is 4,000 miles away that there would be an aerial attack. japan had come with aircraft carriers when they launched the attack there are those, the vets that we met, who say that as they look at this footage, as they stand here and look out on pearl harbor, it comes back as if it was yesterday. >> i still see those guys going through that fire. >> you still see that today? >> oh, yeah. especially when i get up in the morning and go to the bathroom, you think about world war ii, what happened there, those guys burning. i don't know how it affects you, but it affects me. >> reporter: as we take a look under water here, you can see the arizona, the uss arizona that is still underwater

every 30 seconds or so a little bit of oil still leaks out of the sunken ship. the vets call that the black tears of the ship here they say that what happened here this day is something that they hope we never forget because we didn't experience it and that we hopefully will listen to their voices listen to what another vet told me. >> i can still see the ship sitting at 45 degrees covered in smoke. >> reporter: you see that as you stand here >> oh, yeah. it looked like the same thing. battleship at 45 covered in smoke. you think of so many things. >> reporter: more than 900 seamen were trapped inside the arizona. they are still entombed here some vets who survived and have since died have actually had their ashes interred here at the

memorial site as an attempt to reconnect with their friends, their colleagues that they lost that day 80 years later it's likely, many told me, that this will be the last time that survivors who are still alive are able to come here to pay their respects shep. >> kerry sanders, thanks so much, live from pearl harbor. amid the remembrances, a state of emergency declared by the governor in hawaii today hundreds without power and major flooding across the islands. cnbc's jane wells is there, as paradise gets pummeled tomorrow the head of instagram testifies in front of a senate committee today the company rolled out a new safety feature aimed at teenagers. plus #buyfentanyl. what a new investigation shows about the drug content being pushed out by instagram, as we approach the bottom of the hour and the top of the news from cnbc ♪ christmas music ♪

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the committee investigating the capitol insurrection dealt another blow mark meadows no longer cooperating. the committee fires back with the threat to prosecute. killer drones. pint-sized weapons that don't just fire missiles they are the missiles. the impact and concerns over the new technology but first, a new warning from the u.s. surgeon general. the nation's top doctor says the mental health crisis among young people is getting worse. surgeon general dr. vivek murthy issued a rare public health advisory today he says the pandemic has exacerbated the problem. in the advisory, he says symptoms of depression and anxiety have doubled among young people during the pandemic he cited recent research that found one in four young people around the world reports experiencing symptoms of depression and one in five reports symptoms of anxiety dr. murthy called on social media companies to do more to

fight the crisis research shows certain types of social media can lead to mental health issues, especially among young people today, instagram announced it's rolling out some features aimed at tackling this problem their new tools come, just one day before the company's ceo is set to testify on capitol hill about how the platform affects teenagers. cnbc's christina is here what is in these new features? >> first off, you have got parents that will now have the option to manage their kids' accounts in other words, they can decide if their child should spend maybe 45 minutes on the app or three hours before they are booted off so, don't be surprised if you are a teen and you have been scrolling for hours to see a prompt telling you to take a break, take a few breaths or listen to your favorite song the tools will also limit interactions with strangers and exposure to sensitive content. but all of these features are opt-in so, parents and kids will have to agree about enabling those

notifications to turn on so, are these efforts futile when there are so many alternative platforms? according to a survey, more americans between the ages of 12 and 17 are using tiktok rather than instagram on a weekly basis. >> i don't expect that these tools will dramatically affect the experience of anybody on the platform, but they will send congress the message that at least it is making those tools available. and, look, if congress wants to mandate that parents use these tools, they could pass more laws. >> instagram's head to be grilled on what instagram knows about its potential harm to young users when he testified before lawmakers tomorrow. >> and he could get some questions about how easy it is for drug dealers to target kids on instagram. >> i know, another interesting twist to this and this is because researchers at the tech transparency project said they set up multiple new instagram accounts created for teens aged

13 to 17 and took only two clicks to access accounts that claim to be drug dealers, whereas it took five clicks to lock out of instagram. a spokesperson said quote we prohibit drug sales on instagram. we removed 1.8 million peieces f content related to drug sales in the last quarter alone instagram bans drug-related hashtags like hashtag oxycontin but says they will take a closer look and review additional hashtags going forward. >> all right we will watch tomorrow christina, thanks so much. if mark meadows does not show up for his deposition tomorrow, the january 6th committee investigating the capitol insurrection will keep -- will seek criminal contempt charges against him that's the warning from the committee after former-president trump's white house chief of staff notified them he would no longer be cooperating with their investigation into that deadly insurrection meadows is citing executive privilege but the select committee's pushing back hard. in a tweet, they write meadows does not intend to cooperate further despite his apparent

willingness to provide details about the january 6th attack, including conversations with president trump in the book he is now promoting and selling the select committee members say they have numerous questions about records that meadows turned over to them, including real-time conversations with many -- with many individuals. the committee has already made good on their threat to recommend criminal charges for trump aides who failed to cooperate with the probe case in point. former-president trump's chief of -- chief strategist, steve bannon, today a federal judge set bannon's trial for july 18th he is facing two counts of contempt of congress drones, unmanned aircraft that could be piloted from anywhere they are used as weapons by america, its allies, and its enemies. now, another one has been added to the arsenal one, too fast for the naked eye even to track. and instead of carrying a missile, it is the missile it's called the switchblade 300.

recently, its creators held the first public demonstration with exclusive access, here is nbc news national security correspondent ken dilanian >> reporter: amid the quiet beauty of the utah desert, a deadly new kind of weapon on display. nbc news got an exclusive look at a so-called killer drone. it doesn't fire a missile, it is the missile. >> this is about the size of a toy drone i bought my 12-year-old a few year oogs. the switchblade can be carried into battle in a backpack and launched miles way from a threat once a target is identified, the switchblade can find it and kill it in minutes. >> launching >> reporter: aerovironment, the drone's manufacturer, showed us how an operator can put a switchblade through the window of a truck onboard cameras capture the moment before impact. >> how far away was the switchblade when it took that picture? >> about 3 meters from the target >> at about $6,000 each, the switchblade cost a fraction of

the $150,000 hellfire missiles fired from larger military drones the pentagon has made deadly mistakes using drones, including in august when the u.s. military fired at what it thought was an isis target but, instead, killed ten civilians, including seven children officials told nbc news analysts saw a child in the target area but the missile had already been launched the afghan-born ceo says their weapon can cancel an attack up to 2 seconds before impact. >> you can make decisions while you're flying the -- the -- the missile in the air as to what to do during your mission. >> but the development of smaller, cheaper drones already being used on the battlefield pose new dangers for the u.s., too. paul char, a retired u.s. army ranger says weapons like these change the game. >> it levels the playing field between terrorist groups or rebel groups in a way that is certainly not good for the united states. >> reporter: and to target the iraqi prime minister. >> the u.s. is definitely

vulnerable to drone attack today. we need better defenses and we need them urgently for u.s. troop overseas >> reporter: a new kind of weapon presenting a new kind of risk, both, abroad and at home for the news, i'm ken dilanian weather alert. a state of emergency declared in hawaii a powerful storm still hitting some parts of the islands with heavy rain and strong winds. right now, that storm moving northwest over kauai and expected toleave the state tomorrow yesterday, honolulu got nearly 8 inches of rain according to accu-weather. in just a weekend in december, that city has reported more than 93 times the amount of rainfall it saw during the entire month of november. here is the result heavy rain flooded streets of kauai just outside of honolulu you can sigh, people were ankle deep in the water. meantime, the airport in maui lost power for several hours yesterday.

forced passengers to get off their plane in the dark. cnbc's jane wells live in kona jane, how are they holding up? >> well here on the big island, it is a little better. we still have gray skies, choppy waters, the lifeguards keep warning people to watch out for the current. we have lost a lot of sand but we dodged the worst of it here further north and across most of the state, it is not the aloha many holiday tourists were expecting as paradise has been walloped by record-breaking rain >> and this is what 16 avenue looks like right now >> reporter: now, severe flooding was reported on every island, including oahu and the state capital of honolulu as you mention. you mention that 8 inches in one day. that was the wettest day ever in honolulu in december and the second-wettest day there on record power was lost even at the state capital. it may not be restored for many residents there until tomorrow morning, as transformer vaults

have been flooded. now as you said, maui further south also took a huge hit overall, as much as 25 inches of rain could hit some parts of the island before this is all over and the governor's state of emergency will free up funds to help people stay safe. but remember that blizzard warning they were talking about over the weekend well, here on the big island, we got enough snow to close the roads which happens sometimes but they did not get the predicted 12 inches of snow and 100-mile-per-hour winds. though, there have been plenty of winds in fact, people have been warned to avoid falling coconuts. i am not lying before this storm, over half the state was in drought some of it, classified as severe drought. i know, drought in the middle of an ocean that should clear out after this shep. >> at least some good news jane wells live in kona. after six days, the theranos founder elizabeth holmes is close to wrapping up her testimony. today, questions about whether

her company's technology was really being used by the military scott cohn outside the courthouse, coming up. feel like you're losing days of your life just sitting in traffic? you're not wrong just how much of your time is wasting away plus, the drivers in the one city who have it the very worst. ♪ ♪ ♪ hey google. ♪ ♪ ♪ ♪ ♪ ♪

the sex trafficking trial of ghislaine maxwell could be nearing its end. federal prosecutors announcing they intend to rest their case on thursday. that means it's possible the jury could get the case before christmas. today, jurors heard from a third woman allegedly abused by the convicted sex offender jeffrey epstein. she testified using only her first name, carolyn. she says she met ghislaine maxwell and jeffrey epstein when she was 14 years old carolyn testified that she was introduced to them by her friend, virginia giuffre

she's become one of epstein's most vocal accusers. carolyn says mr. giuffre asked her if she wanted to make money by giving massages to epstein at his palm beach, florida, home. when they got there, carolyn testified that ghislaine maxwell told them to go to epstein's bathroom carolyn said she kept her bra and underwear on, but that ms. giuffre got fully undressed. she said epstein then entered the room and lay on the massage table. carolyn testified that 45 minutes later, epstein turned over and that he and ms. giuffre had sex. she said she watched from a nearby couch carolyn testified that she then gave hundreds of massages over the next four years. she testified that jeffrey epstein would, first, lie on his stomach while carolyn gave him a massage. she said that he would then roll over, touch her, and masturbate. carolyn said ghislaine maxwell paid her 300 to $400 for each encounter.

carolyn testified that she got paid extra for bringing her teenaged friends over. she said she used that money to buy drugs. carolyn told the court that she now takes medication to manage her addiction and schizophrenia symptoms during the cross-examination, she acknowledged she worked for, at one point, for an escort service where she took money for sex. elizabeth holmes back on the stand today testifying in her own defense for the sixth day. the criminal trial now entering its end after months of detailed testimony. the theranos founder faces charges that she defrauded both investors and patients if convicted, elizabeth holmes could face up to 20 years in prison she's pleaded not guilty to all charges. today, a prosecutor grilled her about allegedly misleading investors about the company's technology being used by the u.s. military. holmes denied those claims

cnbc cnbc's scott cohn covering the trial for us live outside the courthouse in san jose scott? >> shep, dozens of times in elizabeth holmes's sixth day on the stand, one-time prodigy said she couldn't remember statements she made to investors, only to be confronted with evidence of what she said. holmes' testimony, of course, is that she never intended to deceive anyone that she truly believed in theranos's technology and she still does, to this day. but in this second day of cross-examination, assistant u.s. attorney robert leech tried to show how holmes allegedly let the hype about her company explode even when she knew that the reality was different. like, her work with the military holmes acknowledging today that the theranos device was never used on the battlefield but one rig big investor testified last month she told him the company had something like $200 million in pentagon revenue. nowhere close to that. or a potential deal with safeway for in-store testing, which was on the rocks by 2014 and never

did come together. but investors were told therano would be in some 900 stores in the next year. or the glowing fortune magazine cover story in 2014 that had turned out wildly overstated some of theranos's capabilities, rather than correcting the record, holmes admitted that she had that report sent out to investors. now, on redirect examination, this is friendly questioning from her attorney kevin downey holmes said that one of the reasons that she couldn't set the record straight to the extent that maybe she should have was because of the company's obsessive intention to trade secrets. it was something that she said a theranos attorney drilled into her and other executives she will be back on the witness stand for some more friendly questioning from her attorney, kevin downey, tomorrow then, the government could have some more questions. the defense has said that it hopes to wrap up its case, to rest its case this week. that could come, shep, as soon as tomorrow. >> scott cohn, live at the

courthouse, thank you. drake is pulling his 2022 grammy nomination. the recording academy nominated him for two awards -- best rap album for sentrified lover boy -- certified i meant to say, sorry -- and best rap performance for his song "way too sexy." drake has not said why he pulled his nominations but there was some trouble brewing last year between the rapper and the academy. you see, last year drake sided with the weekend who wasn't up for any award. at the time, drake called for something new to replace the grammy's he said i think we should stop allowing ourselves to be shocked every year by the disconnect between impactful music and these awards and just accept that what once was the highest form of recognition may no longer matter to the artists that exist now and the ones that come after the recording academy has agreed to pull drake's nominations but hasn't said anything about it. the average-american driver lost a day and a half sitting in

traffic this year. the worst of it all? in chicago drivers there lost more hours in traffic than anywhere else in the country. 104 hours, to be exact more than four days. the traffic, costing the average driver in chicago more than 1,600 dollars in time wasted and the city, almost $6 billion. those numbers are from a study out today from traffic analytics firm, inricks. chicago ranked second in the united states for the most con je conjested urban areas, right behind new york. globally, chicago ranks sixth. a phone with a camera that is always on always searching for your face, whether you are holding it or not. kind of sounds like a privacy nightmare, right but it's going to be a reality for many of us as soon as next year why smartphones will be keeping an extra close eye on ya and see this thing there in the distance there it's on the moon

they say it looks kind of like a hut. see there? the internet is freaking out so, scientists are weighing in 'ss time of the year. especially at t-mobile! let's go to dianne. can you tell us what's happening? yeah, i got the awesome new iphone 13 pro and airpods, and t-mobile is paying for them both! oooh and i get a free year of apple tv+ and this is for new and existing t-mobile and sprint customers. like me! back to you. uh, hello!? we are going to t-mobile! upgrade to the iphone 13 pro and airpods both on us. only at t-mobile.

where's mom? she said she would be home in time for the show. don't worry, sweetie. she promised she'd be here for it. ooh! nice shot! thanks!

glad we have xfinity, with wifi speed faster than a gig! me too! woah, look! mom is on tv! she's amazing! (cheers) xfinity brought us together, after all! power your whole home this holiday with wifi speeds faster than a gig. click, call, or visit a store today. sing 2 some peopl some people are convinced their devices are listening to then now, the chipmaker qualcomm reports the next generation of smartphones could be watching, as well. this week, the company revealed its latest snapdragon processor. that processor will power many android smartphones, starting

next year, including models for motorola, sony, and 1 plus qualcomm says the chip could allow smartphone makers to keep the front-facing camera on all the time on low-power mode that means the camera would be waiting and watching for a face to appear in front of it the company says the move's meant to make phones more convenient and more secure but think of the downsides lauren good now, senior writer at wired lauren, thanks you know, are people right to be freaked out about this >> it does sound creepy, shep. and i would say that normally, i would be skeptical of this kind of development but after doing a little bit of reporting on it, i am not quite as concerned as i was initially and i think it's going to be -- it is going to depend a lot on how the smartphone makers, ultimately, use this feature. >> you know, the advocates are saying this is going to make the phones more secure and work better from your reporting, is that true >> so, qualcomm is saying that right now and they have given a few use cases where they think

one of the examples is someone comes and peers over your shoulder by recognizing that there is a face in the frame, it could potentially sort of shut that kind of interaction down for you. that is a little bit pie in the sky right now. i think ultimately what this is going to do is just low power chip set that recognizes when you are kind of about to use your phone and instead of having to tap to wake it or pick it up to wake it, it is just going to wake the phone up. >> so, like, picking the phone up is too much work? i mean -- >> yeah, apparently. it's -- it's -- you know, what a time to be alive, shep. >> the thing is everywhere you go, there are cameras everywhere and chances are some of them are recording. i mean, private's been dead a while, hasn't it >> well, depends on how you are feeling about privacy and security right now i mean, i think one of the biggest comparisons that's being made and it's a valid one are always on devices that are listening to our voice queries right now, right and a lot of that, you know, ai is happening what's known as on

device it is heaping just on the device itself, it is not being sent to the cloud at first but then, once you start make queries, some of the information is being sent to the cloud so something like this, maybe at first, the chip set is just recognizing a face, not a specific face and it is doing it all on device and it's not being shared with the cloud. but in the future, maybe some of that information would be sent to the cloud and that is when i think you need to be concerned. >> plenty of people believe the phone is always listening because they look at instagram or something and there an ad is. are they wrong or are they right? >> you know, that theory has been debunked quite a bit in -- and i think the -- the -- the answer is that social networks know so much about us already and our activities already, that they are able to serve us with targeted ads just based on what they know about us but it can be quite creepy and uncanny, how much they know us. >> creepy for sure lauren goode, great to see you thank you. we have been looking around on the moon, you know, since the

'60s at least. haven't found much but now a sighting of what looks to observers like some kind of hut. that's what scientists in china are calling this a hut-looking thing on the moon. the chinese have a rover up there. it spotted this hut thing from, like, 300 feet away over on the far side of the moon scientists say the rover will spend the next few months getting a closer look at whatever this is nobody's sure but the internet has some ideas some excitably calling it a moon cube others just holding out for something, quoting now, cool and weird and scary. despite the internet's imagination, scientists say the likely explanation is that it's a large bolder that appeared after some flying stellar thing crashed into the moon. likely, not a hut. that would be one giant leap little green men, after all, live in condos 70 seconds left on a race to the finish the white house says president biden will speak with the ukrainian leader, vladimir zelensky, on thursday. that will happen as russian troops mass on ukraine's border,

and mr. biden tries to prevent an all-out invasion. closing arguments set for tomorrow in the trial of jussie smollett today, the actor testified for a second day in a row, and insisted he did not stage a racist anti-gay attack against himself. and instagram's ceo set to testify on capitol hill tomorrow about how the social media platform affects the mental health of teenagers. there have been reports that suggest, especially for teenaged girls, instagram is bad for them the testimony tomorrow, coverage here tomorrow night. now, you know the news of this tuesday, september the 7th, 2021, i'm shephard smith. follow us on instagram and twitter @the news on cnbc and listen to the podcast if you get a minute ♪ yeah i feel free ♪ ♪ to bare my skin, yeah that's all me. ♪ ♪ nothing and me go hand in hand ♪

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